Is It Legal to Hire Children in FMCG? Seeking Guidance on Regulations and Ethics

Dear All,

I am working in an FMCG company, and we have been considering employing children. However, some individuals in other departments have raised objections to this. Could you please advise if it is permissible for us to hire children, and if so, what guidelines or regulations should we follow?

Thank you for your assistance in this matter.

Best regards, [Your Name]

Child labor is a serious issue, and it is important to avoid employing children as much as possible.

Regards,
Madhu.T.K

Hi everyone,

As per my knowledge, it is acceptable in the Factory Act for employers to employ children above 15 years old with the permission of the Factory Inspector. Different rules are applicable to them, such as the nature of work, working hours, leave with pay, etc.

Am I right, Mr. Madhu?

Regards,

Dear Tushar Swar,

A child means a person who has not completed the age of 14 years. A person above 15 years becomes an adolescent. The Factories Act of 1948 does not allow us to employ children in the factory.

Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361

Dear All,

Thank you for the quick response, but I have gone through the Factories Act, 1948, and Section 70 states that an adolescent who has been granted a certificate of fitness to work in a factory as an adult is considered an adult for all purposes of hours of work.

So, what can be done?

Give me your address, and I will inform the Labour Authorities to conduct an inquiry in your company. How could you lose your senses? When so many members have advised you, you still are adamant on employing children as laborers. SHAME ON U

For a fact, you haven't mentioned the age group of children you are hiring. If the age exceeds 15 years, then with a fitness certificate, it looks quite fine. However, if the age is below 15 years and the work is hazardous, it spells TROUBLE.

Moreover, the nature of work also makes a difference. With India being a labor-driven country, simple errands of getting stationary, etc., are still acceptable. However, factory work is illegal.

Hi Dear,

Employment of a child is prohibited under the Factory Act. Now the question is, who is considered a child? According to the ILO and Indian Law, a child is defined as anyone who has not yet completed the age of 14 years. From 15 years to 18 years, an individual is referred to as a young worker, and a young worker can be employed under the guidelines outlined in the Factory Act. Anyone above the age of 18 is considered an adult worker.

Thanks,

Arun Gupta

Dear Mr. Ravi,

I am sorry to say that your response to this issue was quite disappointing. As an HR professional, it is important to respond in a polite manner. While your suggestions and advice are appreciated, it is essential not to be too harsh with others. Your response did not reflect a professional approach. Please consider this feedback. If I am mistaken, I apologize.

Thank you.

Despite the different provisions for the age group between 15 to 18 in the Factories Act, it is advisable to avoid employing persons below 18 years of age. This approach is in the broader interest of society and the nation.

Dear Mr. Rajwant Singh,

If you have any queries, please ask your doubts clearly and kindly mention the age of children and which department you gave employment in. Only then will the HR team be able to assist you.

Hi Rajwant,

It is against the law to employ children, but many do it because kids want to work as their economic condition is bad. Maybe you can try putting them in night school instead of paying them so that kids can work in the company during the day and attend school at night. It can work.

Dear Members,

I am enclosing two connected documents. The CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986, as the name indicates, not only regulates but also prohibits the employment of child labour.

The second document is the latest Social Accountability standards: SA-8000-2008. This reflects the global standard. It not only seeks the establishment to put in place enough checks to prevent child labour but also to have remedial measures. Please read to appreciate.

Mr. Ravi,

I think you have not understood the question. He is not employing child labor; the company is allowing child labor where he works. Hence, he wants to know the legal position and practices.

According to your comment, you do not know either the legal position, existing industrial practices, or the complexity of the issue. I really feel sorry for your ignorance.

Sincerely,
Alnnnn.